T & C

ONLINE STORE REGULATIONS

1. General Provisions

1.1. The operator and administrator of the online store operated via the website www.gnomesgarden.pl is Karol Manski

hereinafter referred to as the "Seller".

Company details

Nice Garden Shop (https://gnomesgarden.pl) .

Karol Manski

C/ CAUDETE 11, Piso 3, Puerta D, 02640, Almansa ,Spain

Bank Account Number

MBank.

Karol Manski

IBAN PL 40 1140 2004 0000 3502 4197 0263

Santadner Bank

IBAN ES44 0049 3395 5127 1407 3092

BIC number - BREXPLPWBK

Wise account number in Belgium

Account holder: Karol Manski

BIC: TRWIBEB1XXX

IBAN: BE54 9675 6324 3697

Bank name and address: Wise

Rue du Trône 100, 3rd floor

Brussels

1050

Belgium

Other contact details of the Seller: email: [email protected] .

1.2. The Seller is a party to concluded sales agreements, as well as the administrator of personal data provided by Buyers via the online store in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data (Journal of Laws 1997, No. 133, item 883).

1.3. The terms and conditions of making purchases in the online store are regulated by these Regulations.

1.4. The provisions of these Regulations are not intended to limit or exclude consumer rights resulting from mandatory provisions of law. Any possible doubts as to the provisions of the Regulations will be interpreted in favor of the consumer, and in the event that the provisions of the Regulations prove to be inconsistent with mandatory provisions of law, these provisions are considered invalid by operation of law.

2. Prices of goods

2.1. The prices of goods given by the Seller include VAT and are expressed in Polish zloty, euro or pounds

2.2. The prices of goods do not include delivery costs. The Buyer is always informed about the cost of delivery in a clear, transparent and visible manner when placing an order.

2.3. Prices of goods do not include fees for other services accompanying the sale. In each case, the Buyer is informed about the cost of additional services at the time of placing the order and on the order summary screen.

2.4. In the event that the Seller organizes promotional campaigns, the promotions cannot be combined, unless the provisions of the promotion regulations provide otherwise.

3. Conclusion of the sales agreement

3.1. All commercial information placed on the store's website, including prices and descriptions of goods, do not constitute an offer, but are an invitation to conclude an agreement.

3.2. Placing an order by the Buyer is tantamount to submitting an offer to purchase.

3.3. The conclusion of the sales agreement takes place upon receipt by the Buyer of a statement confirming the acceptance of the order by the Seller, sent by the Seller no later than 48 hours from the time of placing the order. After the unsuccessful expiry of 48 hours, the offer made by the Buyer ceases to be binding. In the event of placing an order on Saturday, Sunday or public holidays, the expiry of the indicated period is counted from 8:00 on the next business day.

3.4. Confirmation of acceptance of the order is made by sending an e-mail to the Buyer's address provided when placing the order or by phone.

3.5. Placing an order does not require registering the Buyer's account in the online store.

4. Right to withdraw from the contract

4.1. A Buyer who is a consumer may withdraw from the contract without giving a reason within 30 days from the date of receipt of the goods by the Buyer or a third party indicated by him, other than the carrier. If the Buyer purchased multiple items within one order that were delivered separately, in batches or in parts, the period for withdrawal from the contract begins on the day of receipt of the last item, batch or part. After the expiry of the indicated period, the Buyer loses the above-mentioned right to withdraw from the contract.

4.2.

Seeds purchased individually, i.e. individually packed to choose from in the store in the quantity of 1 piece and its multiples, are not subject to return or exchange for other seeds, due to the fact that they were specially removed (read more - unpacked) from the original packaging and repacked in containers (empendorf) that protect them from damage or the influence of external conditions.

Only originally packed seeds are subject to return and complaint, in the store within 30 days of placing the order.

4.3. The right to withdraw from the contract does not apply to the Buyer in the cases specified in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827), i.e., among others, in relation to contracts:

1) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specification or intended to meet their individual needs;

2) where the subject of the service is an item that spoils quickly or has a short shelf life;

3) where the subject of the service is an item delivered in a sealed package tion, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery;

4) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.

4.3. In order to withdraw from the contract, the Buyer should send a written statement of withdrawal from the contract to the Seller's address, e.g. in the form of a completed withdrawal form (withdrawal form) or a form constituting Annex No. 2 to the Act of 30.05.2014 on consumer rights (Journal of Laws 2014, item 827). The date of the postmark is decisive for meeting the withdrawal deadline. Seller's address to which the declaration of withdrawal should be sent and the goods returned:

Karol Manski

C/ CAUDETE 11, Piso 3, Puerta D, 02640, Almansa, Spain

4.4. The Buyer is obliged to return the goods immediately, no later than within 14 days from the date of withdrawal from the contract. The returned goods should be complete and may not bear traces of use. The Buyer shall bear the costs of returning the goods. If the goods cannot be sent in the standard mode by post, the Buyer shall bear the costs associated with the selected method of returning the goods.

4.5. In the event of withdrawal from the contract by the Buyer, the Seller shall return all payments received from the Buyer, including the costs of delivering the goods, except for additional costs resulting from the Buyer's choice of a method of delivering the goods other than the cheapest standard method of delivering the goods offered by the Seller. The amount paid shall be refunded within 14 days from the date of receipt of the returned goods or the Buyer's provision of proof of sending the goods back, depending on which event occurs first.

4.6. The money is subject to refund by transfer to the account from which the payment was made, unless the Buyer - e.g. in the declaration of withdrawal from the agreement - requests a refund of the price to another account or in a way other than a transfer.

4.7. The provisions of this chapter do not apply to Buyers who are not consumers.

5. Payments

5.1. The Buyer may make payment in one of the following forms selected when placing the order:

a) payment by transfer to the seller's account,

b) cash on delivery.

5.2. Payment by transfer is considered to have been made upon crediting the Seller's bank account or upon receipt of confirmation of positive authorization from the online payment service.

5.3. The Seller reserves the right to allow payment in another form based on individual arrangements with the Buyer.

5.4. The Seller reserves that the regulations of individual promotions may make the inclusion of a specific order in the promotion dependent on making payment in a specific form.

5.5. The Seller declares that if the Buyer uses the payment method specified in point 5.1. letter d, the Seller will be marked as GnomesGarden.pl Store in the statement confirming the payment card transaction.

6. Delivery

6.1. The Seller starts processing the order after the Buyer makes the payment. The deadline for processing an order placed on a non-working day starts on the next working day.

6.2. The goods are shipped within the time specified in the product description published on the online store website.

6.3. The ordered goods are delivered to the Buyer's address indicated when placing the order.

6.4. Delivery is only to countries where the sale of the ordered goods is permitted.

6.5. Delivery takes place only on working days. Based on individual arrangements with the Buyer, if the offer of the courier whose services the Seller uses provides for this, the Seller may, for an additional fee, commit to delivering the order on another day.

6.6. The Seller enables delivery of the ordered goods in one of the following ways:

- priority shipment via post, parcel 24 parcel 48, cash on delivery.

- courier shipment, cash on delivery.

- InPost parcel locker, cash on delivery - please enter the parcel locker number in the comment.

6.7. The Buyer is provided with the goods along with the proof of sale of the goods. At the Buyer's request, the Seller delivers an invoice to the Buyer.

6.8. The Seller is obliged to provide the Buyer with goods free from defects.

7. Complaints

7.1. The Seller is liable to the Buyer for defects in the goods according to the rules specified in the Civil Code.

7.2. The goods subject to complaint should be sent to the Seller's address: Karol Mański

C/ CAUDETE 11, Piso 3, Puerta D, 02640, Almansa, Spain

, along with a description of the defect and the circumstances of its discovery and the Buyer's request.

7.3. The Buyer may request the exchange of the item for a defect-free one or the removal of the defect. If the sold item has a defect, the Buyer may also submit a declaration of a price reduction or withdrawal from the contract, unless the Seller immediately exchanges the defective item for a defect-free one or removes the defect. The Buyer may not withdraw from the contract if the defect is insignificant.

7.4. The method of returning the complained goods to the Buyer is specified by the Seller.

7.5. The Buyer's complaint will be considered within 14 days from the date of its receipt by the Seller. In the event of rejection of the complaint, the goods will be returned to the Buyer together with an opinion on the unjustification of the complaint.

7.6. In the case of complaints about collectible products in a country where cultivation is legal, such as -

germination problems

growing herms from feminized seeds

male individuals from feminized seeds

mutants

complaints will only be considered on the buyer's side, after presenting evidence in the form of photos and a description of the exact situation that occurred in a given variety.

8. Provision of services by electronic means

8.1. The Seller provides services by electronic means in the form of free distribution of an information bulletin (newsletter).

8.2. To use the newsletter service, it is necessary to have a terminal device with Internet access equipped with a web browser and properly configured e-mail.

8.3. The purpose of sending the newsletter is to provide users with commercial, advertising and marketing information related to the business activity performed by the Seller.

8.4. The newsletter can be subscribed to on the online store website by providing the user's e-mail address. The newsletter can also be subscribed to during the ordering procedure in the online store.

8.5. The user can change the address to which the Newsletter is to be sent at any time or unsubscribe from the newsletter by clicking the link contained therein or by sending a resignation or information about the change of address to the following address: [email protected]

8.6. Signing up for the newsletter subscription is tantamount to accepting these Regulations and expressing consent to the processing of personal data indicated in the order in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data (Journal of Laws 1997, No. 133, item 883) for promotional, commercial and advertising purposes. The User has the right to view their personal data, correct them, demand that their use be discontinued or demand that they be removed.

9. Processing of personal data

9.1. Placing an order by the Buyer is tantamount to submitting their consent to the processing by the Seller of personal data indicated in the order in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data (Journal of Laws 1997, No. 133, item 883) and to transfer these personal data to the supplier of goods selected by the Buyer during the order placement.

9.2. The Seller processes the Buyer's personal data for the purpose of the proper performance of the contract and delivery of goods.

9.3. With the Buyer's express consent, the Seller may process his/her personal data for informational, commercial or marketing purposes.

9.4. The Buyer has the right to view his/her personal data, correct it, demand that it be discontinued and demand that it be deleted.

10. Final provisions

10.1. To place an order in the online store, it is necessary to agree to the provisions of these Regulations.

10.2. In matters related to the performance of the order, the Buyer may contact the Seller via e-mail to the following address: [email protected] .

10.3. In matters not regulated in these Regulations, the provisions of generally applicable law shall apply, including in particular the provisions of the Act of 23 April 1964, the Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).

10.4. All trademarks and names published on the website are used solely for identification purposes and may be registered trademarks of their rightful owners.

10.5. By accepting the provisions of these Regulations, the buyer declares that he is aware that the cultivation of hemp is prohibited under penalty of criminal liability, in accordance with generally applicable provisions of law in Poland. In the event of the intention to cultivate in another country, the Buyer should make sure whether such cultivation is legally permitted.

10.6. The Seller declares that he sells seeds only for collecting purposes. The Seller may, but is not obliged to, provide information on germination, cultivation, processing, smoking or other uses of seeds other than for collecting purposes only to the Buyer residing in a country where hemp cultivation is permitted. Hemp cultivation and germination of hemp seeds in the territory of the Republic of Poland, without the permission of the competent authority, are prohibited. If the Seller receives any information or suspicions that the Buyer intends to purchase seeds for purposes contrary to applicable regulations or information that the Buyer has previously germinated or cultivated hemp, the Seller may refuse to sell hemp seeds.

10.7. Disputes arising from agreements concluded in accordance with these Regulations with a Buyer who is not a consumer shall be resolved by a common court having jurisdiction over the Seller's registered office.

10.8. The Seller reserves the right to change these regulations. Changes to the regulations shall enter into force after 14 days from their publication. The provisions of the previous regulations shall apply to orders placed before the change enters into force.

10.9. A Buyer who is a consumer may use out-of-court methods of handling complaints and pursuing claims. Detailed information on the possibility for a Buyer who is a consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). The European ODR platform, available at: http://ec.europa.eu/consumers/odr/, enables out-of-court resolution of disputes between consumers and entrepreneurs via the Internet.

10.10. The Regulations are effective from 01.07.2017.

COOKIE POLICY

This policy explains how cookies are used by the operator of the https://gnomesgarden.pl/ website. Cookies (so-called cookies) are used exclusively for the purposes of administering the website and for statistical purposes.

WHAT ARE COOKIES AND WHAT DO THEY CONTAIN

Cookies are small pieces of information saved in the browser of the User of the website. Cookies are sent to the User's device during the first visit to the website, and then allow their device to be recognized during each subsequent visit. Cookies allow the User's preferences to be recognized and thus the content to be tailored to the User's needs. Cookies do not identify the User's personal data. Saving cookies in the browser's memory does not have a negative impact on the User's software or hardware. Cookies usually contain the domain name of the website they come from, their unique number and the time they are stored on the User's end device. A cookie file allows only the server from which it comes to read the information contained therein.

WHY DO WE USE COOKIES

The cookies used on the website are used to perform many functions. First of all, they are used for statistical purposes, to analyze the functionality of our website and to adapt the content of the website to the User's preferences.

WHAT COOKIES DO WE USE

Due to the criterion of the purpose for which cookies are used, the website uses statistical cookies, which are used to compile statistics relating to the pages of the website.

According to the criterion of durability, we distinguish two basic types of cookies used by the website:

1) session cookies: temporary files, stored on the User's end device until the end of the browser session, logging out, leaving the website or turning off the device;

2) permanent cookies: files that remain saved on the User's device for the time specified in the cookie parameters or until they are manually deleted by the User; leaving the website, logging out, ending the browser session or turning off the device does not delete them; the function of permanent cookies is generally limited to defining new and existing Users of the website.

Cookies sent via the website may also be used by partners and advertisers cooperating with the website operator.

RESIGNATION FROM THE SERVICE OF COOKIES

The default settings of most web browsers allow cookies to be stored. However, the User may independently and at any time change the settings so that cookies are blocked or to be informed that cookies are being sent to their device. In order to manage cookies, please read the instructions or help file of the web browser. We warn you that disabling cookies may affect the proper functioning of the website.